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20130422
20130422
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not suit senator lindsey graham of south carolina. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. i believe such a decision is premature. >> joining us now is ari melber, my colleague and co-host of "the cycle," also a lawyer. ari, at least twice mr. graham said the administration's decision to reject enemy combatant status was, quoting him, premature. do you agree with that? >> i don't. it's weird for senator graham to say it. what is premature is try to assert there would be a direct or substantial link between the suspect and al qaeda. that is the legal requirement to take an american away from the civilian courts and treat them as an enemy combatant. i believe senator graham who has a long history on detention issues and was a lawyer, himself, i think he knows that. because he knows that, he knows he is premature to suggest this when no reliable source and nobody in the government -- >> certainly not yet. >> -- has met that standard. >> let's listen to what senator graham said was his reason for using
. a policy decision the obama administration has made. he was a american citizen and naturalized last september and now a federal law, the national defense authorization act of 2012 that says american citizens cannot be tried in military commission. so it's not -- this debate is not a question about where he should be tried. the republicans who say he should be treated differently, their claim is that while they understand the civilian trial will go forward, they think he should be treated for now as an enemy combatant and questioned without any question about his rights, without any issue about whether information he gives would be used in his trial, and then turn back over to civilian authorities. but, clearly, the justice department will have none of that. that's not how it's going to go. >> he's in a boston hospital under heavy guard and serious condition including a gunshot wound to the throat but he is responding to some questions to a team the federal investigators in writing. any indication as to what he is saying or maybe perhaps just what they are trying to get out of him at
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